Confusion reigns as Banbury residents discover their street is up for sale

The almost one acre plot on Nursery Drive extends from, but doesn't include, Vineyard Close up to the sharp bend where it becomes Ruscote Avenue. It also includes Garden Close and part of the 'highway, paths and verges'.

Upon discovering its sale residents were naturally worried leading to speculation that the road would be turned into a toll road, small structures could be erected on the grass verges or that it was part of a wider plan to redevelop the area which has remained pretty much untouched for 40 years.

The most immediate concern, however, was access to a row of garages at the end of Garden Close, which can only be reached via a parcel of land up for auction.

Dave Middleton, a Nursery Drive resident for the past 22 years, said: "Our main concern was that where you drive around to the garages there is a piece of 'no mans' land, nobody owns it an it is the access to our garages.

"If someone buys that who is responsible?"

Although the sales information on auctioneer Charles Darrow,'s website states 'Freehold land extending to 0.98 acres, including part of the highway, paths and verges. Speculative development potential subject to planning', it is actually the soil under the road which is up for sale and not the actual highway.

Oxfordshire County Council Highways said in a statement: "Nursery Drive is public highway and this status takes precedence over any private ownership of the subsoil.

"When it was constructed the road was offered for adoption as highway by the developer which was accepted, it then is the responsibility of us as the highway authority to maintain.

"The ownership of the subsoil remains with the developer and it is this title that has now come up for auction.

"While the title may change hands, the new owners will not have any control over what happens to the highway because of the reasons above. We have been contacted by residents and explained this to them."

The sale of subsoil under road leads to the obvious question of who on Earth would buy such a plot. Residents had discussed the possibility of pulling resources together to raise the £2,000 guide price on the land, but those talks raised more unanswerable questions.

Dave said: "The only bits of land that could be any good are the bits at the end of two houses, but could they get planning permission for that? Shouldn't those residents be offered those bits of land first as they have maintained them for years?.

"It's scaremongering. We spoke about buying it but the problem is that that piece of land has a drain in it, so who becomes responsible for that and anything else under the road?

"If there's pipes running under the road all of a sudden we become responsible and have the council knocking on the door because they need to dig it up. It's a bizarre situation."

Bizarre as it seems it is not unique as small, oddly shaped bits of land have been cropping up at auction at an increasing rate for the past few years.

Paul Heather, of Charles Darrow Auctioneers, said: "We've got hundreds of these. Its come about through family inheritance. A family development company called Davis Estates, a major house builder dating back to the 1940s.

"They built developments all around the country and most of it is parts of these developments made up of roads, the pavements, the verges, exactly like the Banbury plot. What we have are mostly from the 60s, 70s and 80s.

"That's how they have come about, someone passed away and children inherited this land. A lot didn't even know they had it and had to do a lot of digging."

With the low asking price many plots are bought by prospect developers and 'put in the bottom drawer' with no change whatsoever made to the land, rather the hope is that years or decades down the line the land will be redeveloped and can be sold for a profit.

"They are sold as seen, the buyer should make enquiries to local authorities and highways as to what they may or may not be able to do with them. They are pretty popular, but there are concerns.

"People don't really understand we are not actually selling their road, access to their homes won't be impeded or they're going to build on green land in front of their homes. We point people in the right direction and try and put their minds at rest," added Paul.

Nursery Drive will be lot 19 of the Thursday, February 20 auction to be held in London at 2pm. The auction and lot information can also be found on the Network Auction or Charles Darrow websites.